N.J. Admin. Code § 7:30-12.6

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:30-12.6 - Providing specific information about applications

(a) When workers are on an agricultural establishment and, within the last 30 days, a pesticide covered by this subchapter has been applied on the establishment, or a restricted-entry interval has been in effect, the agricultural employer shall display, in accordance with this section, specific information about the pesticide.

(b) The information shall be displayed in the location specified for the pesticide safety information in N.J.A.C. 7:30-12.9(b) and shall be accessible and legible.

(c) If warning signs are posted for the treated area before an application, the specific application information for that application shall be posted at the same time or earlier.

1. The information shall be posted before the application takes place, if workers will be on the establishment during application. Otherwise, the information shall be posted at the beginning of any worker's first work period.

2. The information displayed shall continue to be displayed for at least 30 days after the end of the restricted-entry interval; or if there is no restricted-entry interval, for at least 30 days after the end of the application; or, at least until workers are no longer on the establishment, whichever is earlier.

(d) The information shall include:

1. The location and description of the treated area.

i. The crop or site treated.

ii. The location of the application, to be shown on the map required in 12.6(d)6 below;

2. The pesticide brand or trade name, EPA Registration Number, active ingredient(s) of the pesticide, and the pesticide safety data sheet;

3. The time and date the pesticide application is starting and ending;

4. The restricted-entry interval for the pesticide and the exact date and time for safe re-entry by workers and handlers;

5. The posted information, pursuant to (d)1, 2, 3, and 4 above shall have the following column headings printed in English and in the native language(s) understood by farm workers employed by the farm:

i. Crop;

ii. Name of Pesticide;

iii. Safe Reentry Time;

iv. Application date;

v. Application start and finish time; and

vi. Application Location.

6. A map of the farm shall be posted at the same location as the written information designated in (d)1 above and shall be used to clearly designate the fields treated with pesticides;

7. The Department will develop and make available an example format for proper posting of written information. This example will be made available through agriculture-related organizations including the New Jersey Department of Agriculture, Rutgers Cooperative Extension, and the New Jersey Farm Bureau and posted by the Department at http://www.nj.gov/dep/enforcement/pcp/pcp-wps.htm. In lieu of the example format developed by the Department, a farm owner or lessee may use a different format if it conforms to the requirements of this subsection.

(e) Whenever pesticide safety information and pesticide application and hazard information are required to be displayed in accordance with this section, the agricultural employer shall retain the pesticide application and hazard information required pursuant to (d) above on the agricultural establishment for three years after the date of expiration of the restricted-entry interval applicable to the pesticide application conducted.

(f) If a person is, or was, employed as a worker or handler by an establishment during the period that particular pesticide application and hazard information was required to be displayed and retained for three years in accordance with this section, and the person requests a copy of such application and/or hazard information, or requests access to such application and/or hazard information after it is no longer required to be displayed, the agricultural employer shall provide the worker or handler with a copy of or access to all of the requested information within 15 days of the receipt of any such request. The worker or handler may make the request orally or in writing.

1. Whenever a record has been previously provided without cost to a worker or handler or their designated representative, the agricultural employer may charge reasonable, non-discriminatory administrative costs (that is, search and copying expenses, but not including overhead expenses) for a request by the worker or handler for additional copies of the record.

(g) Any treating medical personnel, or any person acting under the supervision of treating medical personnel, may request, orally or in writing, access to, or a copy of, any information required to be retained for three years by this section in order to inform diagnosis or treatment of a worker or handler who was employed on the establishment during the period that the information was required to be displayed. The agricultural employer shall promptly provide a copy of, or access to, all of the requested information applicable to the worker's or handler's time of employment on the establishment after receipt of the request.

(h) Any worker's or handler's designated representative may request access to, or a copy of, any information required to be retained for three years by this section on behalf of a worker or handler employed on the establishment during the period that the information was required to be displayed. The agricultural employer shall provide access to, or a copy of, the requested information applicable to the worker's or handler's time of employment on the establishment within 15 days after receiving any such request, provided the request meets the requirements of (i) below.

(i) A request by a designated representative for access to or a copy of any pesticide application and/or hazard information shall be in writing and contain all of the following:

1. The name of the worker or handler being represented;

2. A description of the specific information being requested. The description should include the dates of employment of the worker or handler, the date or dates for which the records are requested, type of work conducted by the worker or handler (for example, planting, harvesting, applying pesticides, mixing, or loading pesticides) during the period for which the records are requested, and the specific application and/or hazard information requested;

3. A written statement clearly designating the representative to request pesticide application and hazard information on the worker's or handler's behalf, bearing the worker's or handler's printed name and signature, the date of the designation, and the printed name and contact information for the designated representative;

4. If the worker or handler requests that the pesticide application and/or the hazard information be sent, direction for where to send the information (for example, mailing address or email address); and

5. A fee, if any, in accordance with (f)1 above. 7:30-12.8 Worker pesticide safety training

N.J. Admin. Code § 7:30-12.6

Amended by 52 N.J.R. 756(a), effective 4/6/2020